Haw. Code R. § 11-1-51 - Petitions for adoption, amendment or repeal of rules

(a) Any interested agency or person who is not representing the department, may petition the department to adopt, amend, or repeal any rule that is designed to implement, interpret, or prescribe law, policy, procedure, or practice requirements of the department.

(b) The petition shall be filed in writing and shall include:

(1) The petitioner's name, mailing address, and telephone number;

(2) The petitioner's signature or the signature of the petitioner's authorized representative or attorney;

(3) A statement of the nature of the petitioner's interest;

(4) The text of the proposed rule or amendment or a designation of the rule sought to be repealed;

(5) A statement of the reason or reasons in support of the proposed rule, amendment, or repeal; and

(6) Any other information relevant to the petition.

(c) The department may require the petitioner to serve other persons or governmental agencies known or believed to be interested in the proposed rulemaking.

(d) The department may dismiss any petition that fails to comply with the requirements of this section.

(e) Within thirty calendar days after the petition is filed, the department shall either deny the petition, giving the reasons for the denial, or initiate the rulemaking procedure. In either event, the department shall send notification of the department's action to the petitioner as allowed by section 11-1-4.

(f) Nothing in this chapter prevents the department, on its own motion, from acting on any matter disclosed in any petition.

Notes

Haw. Code R. § 11-1-51

[Eff 2/14/2005] (Auth: HRS §§ 91-2, 321-9) (Imp: HRS § 91-6)